Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la consulta tripartita (normas internacionales del trabajo), 1976 (núm. 144) - Ucrania (Ratificación : 1994)

Legislative developments. In its report, the Government indicates that Decree of the President of Ukraine No. 64/2022 introduced martial law as of 24 February 2022. The Committee notes with interest that Law No. 2937-IX on Collective Agreements and Contracts, developed by the National Tripartite Socio-Economic Council, was adopted by Parliament on 23 February 2023 and will enter into force six months after the termination of martial law. The Government indicates that the final and transitional provisions of this law amend Law No. 2862-VI on Social Dialogue, as follows: (i) section 11(2) provides that the National Council still consists of an equal number of authorized representatives of parties to social dialogue, but its membership has been decreased from 60 to 30 members; (ii) section 12(1)(2) now refers explicitly to the National Council conducting consultations with the aim of promoting the application of international labour standards and national measures related to ILO activities; (iii) section 12(2)(1) lays down that the National Council performs advisory and consultative functions, including with regard not only to ratification but also denunciation of ILO Conventions; and (iv) section 12(2)(2) adds a new provision to ensure the preparation of draft reports on the application of ILO ratified Conventions, and the submission of ILO instruments to the competent authorities. The Government also indicates that the final and transitional provisions also address the issues of representativeness, by providing that in the event of impossibility during the period of martial law of assessing compliance with the representativeness criteria and confirming the representativeness of the subjects of trade unions parties and employers' organizations in accordance with the Law on Social Dialogue, the National Mediation and Reconciliation Service may decide to extend the validity of the certificate confirming representativeness until the termination of martial law and in the following six months. Also, within a year from the termination of martial law, subjects of the trade union side and the employer side are required to undergo the confirmation of representativeness in accordance with the procedure established by law. The Committee requests the Government to provide information on any legislative developments that concern the issues covered by the Convention. It also requests the Government to provide information on the practical application of Law No. 2862-VI on Social Dialogue and Law No. 2937-IX on Collective Agreements and Contracts, once the latter enters into force, in particular, to indicate whether the provisions on confirming representativeness of trade unions and employers' organizations affect the implementation of the Convention.

Article 5 of the Convention. Effective tripartite consultations. The Committee notes with interest the ratification of the Chemicals Convention, 1990 (No. 170) on 6 December 2023. It also notes the Government’s indication that the General Agreement for 2019–21 was adopted by the Cabinet of Ministers and confederations of employers’ and workers’ organizations on 14 May 2019. The Agreement provides for consideration, by 31 December 2019, of the possible ratification of the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121); the Occupational, Safety and Health (Dock Work) Convention, 1979 (No. 152); the Safety and Health in Construction Convention, 1988 (No. 167); and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). The Government further reports that: (i) following the measures that brought the national legislation in compliance with Conventions Nos 121 and 152, both Conventions are ready for submission to Parliament for ratification; (ii) the possible ratification of Conventions Nos 167 and 187 will be considered once EU Council Directive No. 89/391/EEC (Framework Directive on OSH) is fully implemented into national legislation; (iii) national legislation has already been amended to ensure its compliance with Labour Relations (Public Service) Convention, 1978 (No. 151) and a draft act on the ratification has been signed and submitted to the Cabinet of Minister; also, at the request of the Administration of the President of Ukraine of 27 December 2017, an additional study into the feasibility of ratifying the Convention was conducted by the National Agency of Ukraine on Civil Service (NADS), together with the Trade Union of Employees of State Institutions of Ukraine; and (iv) as per the Maritime Labor Convention (MLC, 2006), draft laws have been developed and will be sent to the competent authorities for approval. The Committee requests the Government to continue to provide detailed information on the content, frequency and nature of the tripartite consultations held on all matters concerning international labour standards covered by Article 5(1) of the Convention, in particular, on the outcomes of tripartite consultations held under the General Agreement for 2019–21. Furthermore, it requests the Government to indicate whether social partners were consulted with regard to the ratification of Convention No. 170, and to provide information on any developments regarding the ratification of Conventions Nos 121, 151, 152, 167, 187 and MLC, 2006.